What is AVULSION?
The removal of a considerable quantity of soil from the land of one man, and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb.Real Prop. 452; Wharton. Rees v. Mc- Daniel, 115 Mo. 145, 21 S.W. 913; Schwartzstein v. B. B. Bathing Park, 197 N.Y.S. 490, 492, 203 App. Div. 700; Conkey v. Knudsen, 143 Neb. 5, 8 N.W. 2d 538, 542.
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A sudden abandonment of an old channel and the crea, tion of a new one. Harper v. Holston, 119 Wash. 436, 205 P. 1062, 1064.
Where running streams are the boundaries between states, the same rule applies as between private proprietors, and, if the stream from any cause, natural or artificial, suddenly leaves its old bed and forms a new one by the process known as "avulsion," the resulting change of channel works no change of boundary, which remains in the middle of the old channel though no water may be flowing in it and irrespective of subsequent changes in the new channel. State of Arkansas v. State of Tennessee, 246 U.S. 158, 38 S.Ct. 301, 304, 62 L.Ed. 638, L.R.A.1918D, 258; Stull v. U. S., C.C.A.Neb., 61 F.2d 826, 830.
To constitute "avulsion," rather than "accretion," so as to preclude change in boundary between riparian owners, it is not necessary that soil washed away be identifiable; it being sufficient that change is so sudden that owner of
land washed away is able to point out approximately as much land added to opposite bank as he had washed away. 60 Okl.St.Ann. §§ 335, 336. Goins v. Merryman, 183 Old. 155, 80 P.2d 268.
See Accretion; Alluvion; Reliction.
